A New Mexico district judge this week denied requests by social media giant Meta to dismiss a New Mexico Department of Justice lawsuit alleging the company allowed child exploitation on its sites, setting the stage for a trial to begin Feb. 2 in the state’s capital.
New Mexico Attorney General Raúl Torrez first brought the civil suit in December 2023, arguing in the complaint that Meta — which owns platforms Facebook, Instagram and WhatsApp — “failed to stem the tide of damaging sexual material and sexual propositions delivered to children,” claiming the company is protecting its bottom line. The NMDOJ sued both the company and CEO Mark Zuckerberg.
“In short, Meta has allowed Facebook and Instagram to become a marketplace for predators in search of children upon whom to prey,” the complaint stated. “Meta’s conduct is not only unacceptable; it is unlawful. This action seeks to force Meta to institute protections for children because it refuses to do so voluntarily.”
Meta has denied the allegations in the complaint and moved to have the case dismissed several times. In a statement, a Meta spokesperson wrote: “We strongly disagree with these allegations and are confident the evidence will show our longstanding commitment to supporting young people. For over a decade, we’ve listened to parents, worked with experts and law enforcement, and conducted in-depth research to understand the issues that matter most. We use these insights to make meaningful changes—like introducing Teen Accounts with built-in protections and providing parents with tools to manage their teens’ experiences. We’re proud of the progress we’ve made, and we’re always working to do better.”
In a Jan. 12 hearing, First Judicial District Judge Bryan Biedscheid in Santa Fe ruled against Meta’s requests to dismiss and scheduled the case for a trial.
In a statement, Torrez called the ruling “an important step towards justice.”
“Our lawsuit alleges that Meta has misled the public and put children at tremendous risk of sexual exploitation and other serious harms through a series of platform design decisions made by Meta’s executives that introduce children to predators and overwhelm them with dangerous content,” Torrez said. “The judge’s ruling allows each of our claims against Meta to move to trial, and enables the NMDOJ to present the jury with the documents and testimony we’ve gathered over more than two years of litigation. We look forward to presenting our full case in court.”
